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(영문) 대구지방법원경주지원 2015.09.08 2014가단5923
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against G which is represented by the plaintiff.

Reasons

1. Basic facts

A. H was under circumstances on June 3, 1918 and May 28, 1918, the real estate listed in paragraph (1) of the Attached List No. 1 as well as paragraph (2) of the Attached List No. 2.

B. Around November 28, 1970, H died. The Defendants and G, the grandchildren of H, filed a lawsuit against the Republic of Korea on the claim for ownership verification under the Daegu District Court racing support 2013Gadan3814, and on June 3, 2014, the said court decided to recommend reconciliation that “each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is owned by the Defendants and G, and the Defendants and G, who hold one-six shares of each ownership.” On June 17, 2014, the said decision on recommending reconciliation became final and conclusive.

Accordingly, on September 15, 2014, the registration of preservation of ownership in the name of the Defendants and G was completed with respect to each of the 1/6 shares of each of the instant real estates.

C. On December 2, 2014, G completed the registration of transfer of ownership based on the title trust termination on December 2, 2014, with respect to one-six shares in the name of G among the instant real estate.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-2, and 2-1, 2-2, and Eul evidence 7, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff was under title trust upon receiving the circumstances in the name of H, which is the cause of the Plaintiff’s text.

B. G, a heir of H, and the Defendants succeeded to the status of H’s title trustee by completing the registration of ownership transfer on each of the instant real estate.

C. The Plaintiff terminated the title trust with respect to each real estate of this case by serving the duplicate of the complaint of this case. Thus, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to each 1/6 share of each real estate of this case to the Plaintiff.

3. Determination on the defense prior to the merits

A. The defendant's defense 1 does not have any substance in the plaintiff's literature, and is merely a part of I's meetings, not a unique part of the original meaning, and is therefore not a party's ability.

As to this, the plaintiff, the plaintiff.

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